H C B A P R E S I D E N T ’ S M E S S A G E A n t h o n y “ N i n o ” M a r t i n o – O l d e r L u n d y K o c h & M a r t i n o
Nino Martino and his family at the Installation in June .
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our programming and events . A project we plan to tackle this year will be to revamp the website , which approaches 10 years old . We expect the redesign will enable us to update the website ’ s features and make it more user friendly for our members .
I have also observed some evolutions that concern me that I believe are having a negative impact on the practice of law and the relationships amongst our members . While the increased use of electronic communication in the virtual practice of law has certainly resulted in some increased efficiencies , I believe it has also increased the rate of miscommunication between lawyers and with judges , decreased professional interaction , and resulted in a loss of the skills necessary to practice law live and in person .
Most electronic miscommunication happens because it deprives us access to non-verbal cues . This is particularly problematic considering most experts agree that 70 to 93 percent of all communication is nonverbal . This problem is compounded by the total lack of communication prior to or following a Zoom hearing , deposition or mediation . Seemingly lost are the days of realizing to stop arguing during a hearing because you have already prevailed on the issue , working out issues with opposing counsel in the hallway at the courthouse , and developing a personal connection with opposing counsel beyond the limited interaction during the legal proceeding . The lack of personal interaction and the lack of creation of personal relationships will naturally devolve the way we interact with each other , and professionalism in the practice of law will continue to suffer .
It is amazing to realize that lawyers who began the practice of law in 2020 have likely done little , if any , legal proceedings in person during the first four years of their careers . While the increased reliance on the virtual practice of law results in little impact on those in transactionally based fields , litigators are suffering from the inability to hone those skills necessary for effective advocacy that is ultimately at the core of their practice .
To be clear , I am not suggesting an abolition of the use of digital platforms in the practice of law , but I do believe reliance on digital platforms should be moderated to not include more substantive proceedings . French writer Jean Baptiste Alphonse Karr wrote , “ the more things change , the more we stay the same .” I think this well-known quote can take on many interpretations , but to me it represents our ability to seek new opportunities and welcoming progress , while also honoring tried and true systems and tradition . Sometimes the best progress is that which comes gradually , and progress doesn ’ t mean discarding conventional wisdom . As in everything , a healthy balance is key . n
S E P - O C T 2 0 2 4 | H C B A L A W Y E R
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